As used in this chapter, the following terms shall have the
meanings indicated:
FARM
Includes any parcel, or contiguous parcels of land, five
acres or greater in size, or water bodies used for the primary purpose
of commercial agriculture, aquaculture, or accessory thereto.
FARMING
Encompasses activities including, but not limited to, the
following:
A.
Breeding, planting, growing, and raising of crops;
B.
Operation and transportation of slow-moving farm equipment over
roads within the Town;
C.
Control of pests, including, but not limited to, insects, weeds,
predators and disease organism of plants and animals;
D.
Application of manure, fertilizers and pesticides in compliance
with local, state and federal regulations;
E.
Conducting agriculture-related educational and farm-based recreational
activities, including agri-tourism, provided that the activities are
related to marketing the agricultural output or services of the farm;
F.
Processing and packaging of the agricultural output of the farm;
and
G.
The operation of a farmer's market or farm stand, including signage thereto; subject to Chapter
198, Zoning, and appropriate Building Codes; and
H.
Maintenance, repair, or storage of seasonal equipment, or apparatus
owned or leased by the farm owner or manager used expressly for the
purpose of propagation, processing, management or sale of the agricultural
products.
FARMING OR AGRICULTURE OR THEIR DERIVATIVES
Includes, but is limited to the following:
A.
Farming in all its branches and the cultivation and tillage
of the soil;
C.
Production, cultivation, growing, and harvesting of any agricultural,
aquaculture, floricultural, viticulture, or horticultural commodities;
D.
Growing and harvesting of forest products upon forestland and
any other forestry or lumbering operations;
E.
Raising of livestock, including horses;
F.
Keeping of horses as a commercial enterprise;
G.
Keeping and raising of poultry, livestock, and other domesticated
animals for food; and
H.
Other agricultural purposes as listed under the Standard Industrial
Classification, U.S. Department of Labor, Division A, Agriculture,
Forestry and Fishing, maintained by O.S.H.A.
The right to farm is hereby recognized to exist within the Town
of Fairhaven. The above-described agricultural activities may occur
on holidays, weekdays and weekends by night or day and shall include
the attendant incidental noise, odors, dust and fumes associated with
normally accepted agricultural practices. It is hereby determined
that whatever impact may be caused to others through the normal practice
of agriculture is more than offset by the benefits of farming to the
neighborhood, community and society in general. The benefits and protections
of this chapter are intended to apply exclusively to those commercial
agricultural and farming operations and activities conducted in accordance
with generally accepted agricultural practice. Moreover, nothing in
this chapter shall be deemed as acquiring any interest in land, or
as imposing any land use regulation, which is properly the subject
of state statute, regulation, or local zoning law.
[Amended 6-14-2021 ATM by Art. 46]
Any person who seeks to complain about the operation of a farm
may, notwithstanding pursuing any other available remedy, file a grievance
with the Select Board, the Zoning Enforcement Officer, or the Board
of Health, in accordance with statute and appropriate bylaws and regulations
of the Town of Fairhaven. The filing of the grievance does not suspend
the time within which to pursue any other available remedies that
the aggrieved may have. The Select Board, Zoning Enforcement Officer
or the Board of Health shall forward a copy of the grievance to the
Agricultural Commission or its agent, which shall review and facilitate
the resolution of the grievance, and report its recommendations to
the referring Town authority within an agreed-upon time frame.
If any section, paragraph or part of this chapter is for any
reason held to be unconstitutional or invalid by any court of last
resort, every other section, paragraph or part shall continue in full
force and effect. This chapter restates the various protections afforded
to commercial farms throughout Massachusetts state law and is intended
to educate citizens that farming activities are valued in the Town
of Fairhaven. Our few remaining commercial farms provide essential
components to maintain the character of the Town. The notification
provisions of this chapter will enhance awareness relative to the
value of agriculture in the Town of Fairhaven. There are no new benefits
or protections provided in this chapter beyond those contained in
state laws.